Author-Ridhima, a student at Panjab University Regional Centre, Ludhiana
To the point
The temples of justice are over-flooded with a lot of cases. With a view to tackle this problem and keeping in regard the sensitiveness of the family disputes, the Indian legal system came up with the setting up of family courts. Family courts are specialized judicial bodies designed to handle disputes related to family matters. Although the justice delivery system of traditional courts and family courts is almost same, but the family courts deals with the family disputes in a more sensitive and conciliatory manner amicably than traditional courts. Family courts use different methods like conciliation, mediation and counselling aiming to minimize emotional distress on the involved parties. The question arises here is that whether family courts are successful in providing justice to the involved parties and also that whether people are misusing the laws behind the approach of being feminist. There arises a lot of questions which are raised in family courts and tackling with them is not that much easy. In this research paper we are going to discuss about justice in family courts and related matters as well.
Abstract
Family courts are established with an object of providing justice to all. But nowadays, there has been growing concern that family courts are increasingly failing to deliver timely and effective justice. Today, family courts are falling short of their intended purpose. Instead of being centres of relief and resolution, they have become slow, and indifferent to the real emotional and social impact on families, especially children and vulnerable parties. Even now there are many frivolous cases that have been filed. Also there are growing concerns that the acts, ordinances, rules and regulations dealing with family matters are bended more towards women and cause injustice to men. Due to this many women took disadvantage of their rights and harass men. Because of this serious concern, the topic justice in family courts is needed to be discussed.
Use of legal jargon-
Contemporary critiques highlight that family courts are increasingly ineffective in dispensing justice, citing systematic delays, procedural rigidity, and limited understanding of familiar dynamics. These issues often hinder rather than help the resolution of sensitive family disputes. In recent years, there has been increasing concern that men often face systematic bias in family courts. Family courts, which are meant to ensure justice and fairness have become grounds for injustice against men. Today, men feel they do not get justice in family courts. They are often treated unfairly in matters like child custody and maintenance, and false cases can ruin their lives. And this is all because of many acts and laws which have feminist approach.
The following acts in India are considered as pro-women and often criticised for being misused and causing injustice to men:
Section 144 of BNSS ( Sec 125 CrPC):
This section provides the right to wives, children and parents to claim maintenance. Under this, men are ordered to pay maintenance even when wife has sufficient means to earn livelihood or has left the marriage by choice. There’s no equivalent provision for men to seek maintenance.
Section 64 of BNS ( Sec 376 IPC):
This section protects women from rape and sexual assault. No doubt, this provision is made to protect the interests of women but false rape allegations have been on the rise in disputes.
Section 85 of BNS ( Sec 498A IPC):
This section protects women from cruelty by husband or in-laws. It is often misused in false dowry or harassment cases, leading to the arrest of husband and his entire family. And there are no laws to protect men from cruelty by wife.
The Protection of Women from Domestic Violence Act, 2005:
This act provides protection and relief to women facing domestic violence. Men facing abuse have no legal remedy under this act.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
This act protects women from workplace harassment. This law is also entirely one sided, and no safeguards and penalties are provided against false complaints.
The Hindu Marriage Act, 1955:
The above act governs marriage, divorce, maintenance in Hindus. In practice, women often get the custody of the child and also maintenance.
The Dowry Prohibition Act, 1961:
This act criminalizes the giving and taking of dowry. Not all the women files false cases but many times there are false accusations pressuring husbands into settlements or concessions.
The Proof
Currently there are a lot of cases pending in family courts making false accusations against husbands. No doubt, there are true allegations also where men harasses women or demands dowry or any other offence as well but it is to be considered that not every time men are wrong. There must be fair procedure and the judicial system and acts must not be inclined towards one side only. In the recent high profile case named Denise Richards v. Aaron Phypers. Denise Richards filed a court case on July 16,2025, alleging physical and emotional abuse throughout their relationship, including choking, slapping, hacking her accounts and threats to kill her. The court found the allegations vague. Still the case is pending in the court. There are many NGOs etc., established for the welfare and protection of the rights of women but there is no such NGOs to protect the rights of men.
Case laws
Smt. Vaibhavi Rajendra Chalke v. Shri Rajendra Ganpat Chalke (2025)
In this case, wife later on admitted filing a false complaint under section 498A IPC to change her husband’s behaviour. The court held that lodging a false criminal complaint is itself mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. The emotional distress and social stigma entitle the husband to divorce.
Ashish Sharma v. Neha Pathak (2025)
In this case, false complaints and defamatory allegations against husband were alleged. The legal authorities affirm that reckless, false complaints by wife constitute mental cruelty.
Vipin Kumar Agrawal v. Manisha Agrawal (2024)
In this case, wife made repeated false accusations against husband and family. Later, filed further false trespass and assault complaint, with police finding injuries self inflicted. The court held that reckless defamatory accusations that lower reputation amount to cruelty.
Conclusion
The main reason for choosing this concept is to create awareness and to raise concern on this issue of rising of false accusations against men. It is clear from this unfair nature of laws that unlike other laws in India, the burden of proof in laws dealing protection of women lies on the accused to prove his innocence which means that the husband and his family members are immediately apprehended as soon as wife lodges an FIR that is without an opportunity of being heard, they are considered as accused. But, now there are many verdicts by courts providing some relief to husband in such cases of false complaints. In India, marriage is generally considered a sacrament rather than a contract. So awareness must be raised regarding the sanctity of marriage and its importance so that these kind of false allegations be curbed. The motive of Indian judiciary is to provide justice to all.
FAQs
Why this issue is rising concern in India?
A lot of people suffer due to the false complaints. These complaints can be against any person. The person against whom false accusations are made suffers a lot due to this and it can harm the dignity of the person. The trend of making false complaints by wife against their husband is rising day by day. Under the veil of feminism, many women took disadvantage of their rights and harass the innocent husbands. The aim of family courts is to provide justice to the parties and their families. There is an urgent need to deal with it.
What kind of stress is faced by husbands due to false accusations?
The courts acknowledge the severe mental pain, social stigma and harassment caused to the husband and his family when facing such allegations.
What reforms are needed to address these challenges?
The awareness programmes to emphasise the importance of marriages should be organised. There are many acts, rules and regulations which are in favour of women, the government should provide with laws which equivalently deals with the protection of rights of women and men. Also there are many NGOs working for the rights of women, NGOs protecting men’s rights must also be established. The family courts should carefully interpret the facts of the case so that no innocent person can suffer.
